GULAB BAI MAITRI Vs. STATE OF CHHATTISGARHLABIC

JUDGEMENT

(1.) Petitioner would call in question the legality and validity of the order Annexure - P/13 & P/14. Under the first order (Annexure - P/13) the District Election Officer (Panchayat) has fixed the date of counting and by second order (Annexure - P/14) the Collector, Janjgir-Champa has dismissed the petitioner's application under Section 21 (4) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short 'the Adhiniyam, 1993').

(2.) Petitioner is the Sarpanch of Gram Panchayat Thakurpali, Janpad Panchayat Dabhra. 15 members of the said Gram Panchayat moved motion of no confidence against the petitioner on 19-1-2018. After verification of their membership and signatures, the Sub Divisional Officer (Revenue) (for short 'the SDO') passed an order on 22-1-2018 appointing Tahsildar, Dabhra, as presiding officer for holding meeting to consider the meeting of no confidence on 31-1-2018. The meeting took place at the scheduled time and place and the motion was carried by the required majority as provided under Section 22 of the Adhiniyam, 1993. Out of 16 members present, 12 voted in favour of motion and 4 against it.

(3.) In her application under Section 21 (4) of the Adhiniyam, 1993 the petitioner alleged that several Panchas were taken out of the area and they were forced to vote against the petitioner. Similarly, one Panch namely; Bhojkunwar Maitri did not cast her vote personally, but was allowed to cast the vote with the help of a companion/assistant, which has violated the secrecy of the vote. If this vote is not counted against the petitioner the motion will not be carried as it fails to secure the required number.